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  #1  
Old 11-04-2009, 09:39 AM
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Join Date: Nov 2009
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Question

Out of State DUI - Need Help


What is the name of your state (only U.S. law)? California

On 10/31/09 I was pulled over for hi-beams in Mt.Shasta, Ca. which the Sheriff smelled beer and removed me for the field tests, (which I passed), but I blew over the .08 (like 08.4), and was arrested, taken to cop shop, tested again, given my 30 day temp license papers, taken to the Siskiyou County Jail, (Yreka, Ca.), booked & then released on a promise to appear.

My license is currently from Oregon, as I'm in the middle of moving to
California, (Fort Jones), but the officer took all of my information which has my Oregon address, and the jail has my new California address.

I can't afford a lawyer, so I'm on my own. Any help, advise would be very
much appreciated.

Question(s) : This is my 1st DUI, and I'm not sure what to do about DMV ?
should I notify California DMV that I'm moving to California, or wait ?

Also, should the officer have read me my Miranda Rights
after he notified me that I was under arrest for DUI ?
  #2  
Old 11-04-2009, 11:27 AM
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Join Date: Feb 2007
Posts: 8,217
Why does everybody think the passed the FSTs?
Miranda rights are only required for questioning once you are in custody. Most likely they didn't has you any pertinent questions once you were in custody.
The per se limit is .08 so that's all they need (even if you blow exactly .08000000000000000, you are still guilty).

You can try getting a CA license, but I suspect that you'll find it difficult without the real Oregon license (at the minimum you'll have to take the driver's test).

Are you in the military?
__________________
I'm not a lawyer, but I did stay in a Holiday Inn Express last night.
  #3  
Old 11-04-2009, 01:11 PM
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Join Date: Jan 2009
Posts: 4
I dont think they have the right to take your DL if it is out of state.
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